#THE INDIAN TOLLS ACT, 1851 
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##ARRANGEMENT OF SECTIONS
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PREAMBLE 

SECTIONS 

1.  [Repealed.]. 

1A. Extent. 

2. Power to cause levy of  tolls on roads and bridges within certain rates, and to appoint collectors. 
Collectors’ responsibilities. 

3. Their powers for recovery of toll. 

Release of seized property on tender of dues. 

4. Exemptions from payment of toll. 

5. Assistance of collectors by Police-officers. 

6. Penalty for offences under Act. Compensation to person aggrieved. Saving of his right to sue. 

7. Exhibition of table of tolls, and statement of penalties. 

8. Application of proceeds of tolls. 

SCHEDULE.—[Repealed.].



#THE INDIAN TOLLS ACT, 1851 [^1]

##ACT NO. 8 OF 1851 

[4th July, 1851.] 

An Act for enabling Government to levy Tolls on Public Roads and Bridges. 

**Preamble.**—WHEREAS it is expedient to enable Government to levy tolls upon roads and bridges; it 
is enacted as follows:— 

1. *[Repeal of Acts].—Rep. by the Repealing Act, 1870 (14 of 1870), s.* 1 and the Schedule, Part II.

1A. **Extent.**—This  Act  extends  to  the  territories  administered  on  the  fourth  of  July,  eighteen 
hundred  and  fifty-one,  by  the  Governor  of  the  Presidency  of  Fort  William  in  Bengal,  the  Lieutenant-
Governor of North-Western Provinces of Bengal and the Governor of the Presidency of Fort St. George in 
Council.

2. **Power  to  cause  levy  of  tolls  on  roads  and  bridges  within  certain  rates,  and  to  appoint 
collectors. Collectors’ responsibilities.**—3[The State Government] may cause such rates of toll, as 
it  thinks  fit,  to  be  levied  upon  any  road  or  bridge  which  has  been,  or  shall  hereafter  be,  made  or 
repaired at the expense of the Central or any State Government; and may place the collection of such 
tolls under the management of such persons as may appear to it proper: and all persons employed in the 
management and collection of such tolls shall be liable to the same responsibilities as would belong to 
them if employed in the collection of the land revenue.


[^1]. Short title given by the Indian Short Titles Act, 1897 (14 of 1897). 

This Act should be read with the Indian Tolls Act, 1864 (15 of 1864), and the Indian Tolls Act, 1888 (8 of 1888). 

This Act has been amended in Assam by Assam Act 3 of 1931 and Act 1 of 1932; C. P. by C.P. Act 8 of 1932, Madras by 
Madras Act 6 of 1938, Act 14 of 1942 and Act 26 of 1950. 

This Act is deemed to be in force throughout the territories administered by the Lieutenant-Governor of the Punjab on the 5th 
September, 1888 and to have been in force, from the 21st August 1857, in the territories for the time being administered as part of 
the Punjab. 

It has been extended under s. 3 of Act 15 of 1864 to Ajmer and Merwara, see Gazette of India, 1889, Pt. II, p. 562. 

It has been declared to be in force in the C.P. and the Sambalpur District by the C. P. Laws Act, 1875 (20 of 1875), s. 3; in 
the Sonthal Parganas by the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), s. 3. 

It has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the 
following Scheduled Districts, namely:—  

The Districts of Hazaribagh,  
Lohardaga (now the Ranchi District,  
see Calcutta Gazette, 1899, Pt. I, p. 44), 
and Manbhum, and Pargana Dhalbhum and
Kolhan in the District of Singbhum. 		See Gazette of India,  	1881, Pt. I, p. 504. 
The District of Lahaul 				Ditto 				1886, Pt. I, p. 301. 

It has been extended by notification under s. 5 of the last mentioned Act to the Scheduled District of Coorg, see Gazette of 
India, 1878, Pt. I, p. 45; to the Scheduled Districts in Ganjam and Vizagapatam, see ibid., 1899, Pt. I, p. 720; to the Ducharti and 
Guditeru Muttahs, Yellavaram taluk, East Godavari Agency, see Notification No. 110, dated 22nd April, 1927, Fort St. George 
Gazette, 1927, Pt. I, p. 661, and to the District of Darjeeling, see Calcutta Gazette, 1934, Pt. I, p. 179.

It has been repealed in the Presidency of Bombay, to which it originally applied by the Bombay Tolls Act 1875 (Bom. Act 3 
of 1875), s. 1 and has also been amended in Assam by Assam Acts 3 of 1931 and 1 of 1932; C.P. by C. P. Act 8 of 1932; and 
Madras by Madras Acts 6 of 1938 and 14 of 1942.

It has been repealed in Mysore by Mysore Act 29 of 1958. 

The  Act  has  been  extended  to  the  whole  of  Madhya  Pradesh  by  M.P.  Act  23  of  1958  and  to  the  Union  territory  of 
Pondicherry by Act 26 of 1968, s. 3 and the Schedule. 

The  Act has been amended in its application to Uttar Pradesh by U.P. Act 5 of 1957, Andhra Pradesh by  A.P. Act 17 of 
1975 and West Bengal by W.B. Act 18 of 1978. 

[^3]. Subs. by ibid., for “The Governor of the Presidency of Fort William in Bengal, the Lieutenant-Governor of the North-Western 
Provinces of Bengal and the Governor of the Presidency of Fort St. George in Council”. The words “and the Governor of the 
Presidency of Bombay in Council” had been rep. by Act 8 of 1888, s. 5.

The authority of the Provincial Government in any Province of India not specified in s. 1A to which this Act and the Indian 
Tolls Act, 1864 (15 of 1864), may be or have been extended, is to be the same as if it had been originally specified in s. 2. See 
the Indian Tolls Act, 1888 (8 of 1888), s. 2(1).



##STATE AMENDMENT 

**Orissa**

**Amendment of section 2.**—In section 2 of the Indian Tolls Act, 1851(8 of 1851) in its application to 
the State of Orissa, for the words “at the expense of the Central or any State Government”, the words “at 
the expense of the Central or any State Government or any Corporation, Statutory Body, Company, Firm 
or person authorized by the State Government for this purpose” shall be substituted.

[Vide the Orissa Act 7 of 1999, s. 2] 

3. **Their powers for recovery of toll.**—In  case  of  non-payment  of  any  such  toll  on  demand,  the 
officers appointed to collect the same may seize any of the carriages or animals on which it is chargeable, 
or any part of their burden of sufficient value to defray the toll; and, if any toll remains undischarged for 
twenty-four  hours,  with  the  cost  arising  from  such  seizure,  the  case  shall  be  brought  before  the  officer 
appointed to superintend the collection of the said toll, who may sell the property seized for discharge of 
the toll, and all expenses occasioned by such non-payment, seizure and sale, and cause any balance that 
may remain to be returned, on demand, to the owner of the property; and the said officer, on receipt of the 
property, shall forthwith issue a notice that, at noon of the next day, exclusive of Sunday, or any closed 
holiday, he will sell the property by auction:

**Release of seized property on tender of dues.**—Provided that, if, at any time before the sale has 
actually begun, the person whose property, has been seized shall tender the amount of all the expenses 
incurred,  and  of  double  the  toll  payable  by  him,  the  said  officer  shall  forthwith  release  the  property 
seized.

4. **Exemptions from payment of toll.**—No tolls shall be paid for the passage 1*** of Police-officers 
on duty, or of any person or property in their custody, but no other exemption from payment of the toll 
levied under this Act shall be allowed. 


##STATE AMENDMENT 

**Orissa**

**Amendment of section 4.**—In section 4 of the Indian Tolls Act, 1851 (8 of 1851), in its application 
to the State of Orissa, after the words “shall be paid for the passage of” the words “the State Government 
Vehicles on Government duty and” shall be inserted. 

[Vide the Orissa Act 13 of 1987, s. 2] 

5. **Assistance of collectors by Police-officers.**—All Police-officers shall be bound to assist the toll-
collectors, when required, in the execution of this Act; and, for that purpose, shall have the same power 
which they have in the exercise of their common police-duties. 

6. **Penalty  for  offences  under  Act.  Compensation  to  person  aggrieved.  Saving  of  his  right  to 
sue.**—Every person, other than the persons appointed to collect the tolls under this Act, who shall levy or 
demand any toll on any public road or bridge, or for passing through any bazar situated thereon, and also 
every person who shall unlawfully and extortionately demand, or take any other or higher toll than the 
lawful toll,  or under colour of this Act seize or sell any property knowing such seizure or sale to be to 
lawful, or in any manner unlawfully extort money or any valuable thing from any person under colour of 
this Act, shall be liable on conviction before a Magistrate to imprisonment for any term not exceeding six 
calendar months, or to fine not exceeding two hundred rupees, any part of which fine may be awarded by 
the Magistrate to the person aggrieved; but this remedy shall not  be deemed to bar or affect his right to 
have redress by suit in the Civil Court 2***. 

7. **Exhibition of table of tolls, and statement of penalties.**—A table of the tolls authorized to be 
taken at any toll-gate or station shall be put up in a conspicuous place near such gate or station legibly 
written  or  printed  in  English  words  and  figures,  and  also  in  those  of  the  vernacular  language  of  the 
district,  to  which  shall  be  annexed,  written  or  printed  in  like  manner,  a  statement  of  the  penalties  for 
refusing to pay the tolls and for taking any lawful toll. 

8. **Application of proceeds of tolls.**—The tolls levied under this Act shall be deemed public revenue.

*[SCHEDULE.] Rep. by the Devolution Act*, 1920 (38 of 1920), *s. 2 and the First Schedule.*